DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Britax Childcare Pty Ltd
(AG2015/2289)

BRITAX CHILDCARE PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2015

Application for approval of the Britax Childcare Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Britax Childcare Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Britax Childcare Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to the personal/carer’s leave provisions of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2015.The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Britax Childcare Pty Ltd was the subject of an application for the approval of an enterprise agreement under section 232 of the Fair Work Act 2009. The application was brought before the Fair Work Commission by the employer, Britax Childcare Pty Ltd. The nature of the dispute was the proposed terms and conditions of employment outlined in the Britax Childcare Pty Ltd Enterprise Agreement 2015, which the parties intended to apply to the employees of the company.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the 'better off overall test' as required by section 230 of the Fair Work Act 2009. This test requires that the agreement must provide employees with terms and conditions that are no worse than the relevant awards and must be better off overall than their previous conditions. The Commission also needed to consider if the agreement was in accordance with the provisions of the Act, particularly regarding the procedural fairness in the bargaining process.

In making its decision, the Fair Work Commission considered the submissions made by both parties and the evidence provided. The Commission found that the proposed agreement was consistent with the requirements of the Act, and it satisfied the 'better off overall test'. The agreement was also deemed to be fairly negotiated and in accordance with procedural fairness. Consequently, the Commission approved the Britax Childcare Pty Ltd Enterprise Agreement 2015. The approval was based on the determination that the agreement provided employees with terms and conditions that met the statutory requirements and improved upon their previous conditions.

Britax Childcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established